Category Archives: Labour Code 2017

Ever-greedy utlra-rich, servile politicians, sheepish ILO and the orphaned working class !


“The truth is that the State is a conspiracy designed …… to exploit, ……. its citizens”

– Leo Tolstoy


It was the NDA government which during the period of  Mr. Sahib Singh Verma as the Minister for Labour from 2002 to 2004, started setting up numerous Sub-Regional Offices around the nation, including the bizarre one for Benares with less than 1000 insured persons.

It is the same NDA government now which is closing down the Sub-Regional Offices.

It was the NDA government with the same Mr. Sahib Singh Verma, as the Labour Miniser, which caused creating more and more posts of SMCs and SSMCs everywhere. It is the  same NDA government which abolishes those posts now, in spite of the facts that many SMCs are doing commendable job.

But, this time, the operation-closure of SROs and the Offices of the SMCs is part of the grand design to dismantle the structure of social security organisations under public control, to facilitate the greedy ultra-rich of India to find new business avenues to make crores and crores for themselves at the cost of the poor working class.

It is strange that the Indian politicians so willingly allow themselves to be used by these business-interests to work against the 99% people of the nation. The Oxfam in its  report titled ‘An economy for the 99 per cent’, suggested that “it is time to build a human economy that benefits everyone, not just the privileged few”. But, the politicians in power would not listen. Because, all round development of the nation does not benefit the politicians who happen to be in power.  Nor would a public sector organisation that caters to the social security needs of the people pay hefty donation to the political party in power, while private organisations reward them in numerous ways.

1% wants to corner 80% of the wealth

As of 2015, 1% of the population of India owned 53% of the country’s wealth, as per the report of Credit Suisse (Times of India 14.10.2015).

1 % owns

1% own 53%



In 2017

As of 2017, the richest 1% owned 58% total wealth in India (The Hindu 16.01.2017), as per the report of the Oxfam.


1% owns 58

Now, by dismantling the public-sector social security organisations, the abovesaid 1% could corner another 25% of the nation’s resources. All, in democracy and in the name of democracy.

While the UPA  government saw the resources of the ESIC being frittered away by setting up medical education institutions in a reckless manner, the NDA had, not only joined hands in further exploitation of the ESIC by setting up more medical institutions, but had chosen from 28.02.2015 onwards to further please the ever-greedy ultra-rich by winding up the social security system of the nation, through the Labour Code on Social Security and Welfare.

Democracy means Rule by Debate. But, the manner in which the Indian politicians willingly allow themselves to be manipulated by and for the ultra-rich and bring up a Labour Code by bypassing so many time-tested methods of law-making, will land the nation in misery forever.

ILO is aware of pitfalls but hesitates to call a spade a spade

As for the role of the ILO in the preparation of the said Labour Code on Social Security and Welfare, the less said the better. The authorities of the ILO had not endorsed any of the proposal of the Labour Code. They just gave their guidelines and left the matter at that. The same was the case with the ISSA too. But, the central bureaucrats project it as a completion of the required formality to consult the ILO and ISSA. But, the same ILO, which has, now, lost its opportunity to protect the Indian Labour, from the ill-effects of the proposed Labour Code on Social Security and Welfare,  did not hesitate to criticise India in  in November 2010,  for its notorious informal labour practices. “India has performed poorly in providing social security protection to its people until recently with ‘very high vulnerability’ to poverty and informal labour practices in the world, according to a report released by the International Labour Office (ILO) today” (Times of India – 16.11.2010). In its first comprehensive ‘World Social Security Report’, the ILO has suggested that India has not done enough in the arena of social security protection, which is reckoned as the “human face of globalisation, in line with its fiscal status”. But, when there is opportunity at hand for the ILO to prevent the calamity in the arena of social security in India, the ILO is wishy-washy in its stand. Pity the ILO !

In regard to the importance of the ILO,  the Course material PGDLL of Vardhman University, says, “If the ILO Conventions are seen in the general spectrum of labour conditions, one can imagine the great value and influence they have in moulding the course of social and economic philosophy of the world. The world without their influence and continuance may be a world of perpetual competition, exploitation, inequality and injustice resulting in wars and confrontations. Judged in this perspective, it would be highly relevant to assess the impact of the ILO standards on Indian Labour legislation. This impact can be seen in three phase, namely, labour, legislation in India before the ILO. Labour legislation in India from 1919 to 1947 and labour legislation in India after 1947.” But, the ILO has betrayed the trust of the labour in it, 70 years later in 2017, by its choice to play an ineffective role in the preparation of Labour Code on Social Security and Welfare.

The coterie of the rich and powerful

It is, ultimately, the cleverness of the persons that carries the day. The greedy rich, the servile politicians, the sheepish ILO and the unfaithful bureaucrats joined hands together to work against the poor. What else would explain the daring manner in which the existing time-tested benefits given to the working population are attempted to be reduced by the ruling class even for the organised labour?

The poor of the nation are protected neither by the bureaucrats who willingly carry out the dishonest orders of their political superiors nor by the employees’ representatives who occupy the seats in the supreme body of the ESI Corporation as Members. As for the role of these members of the ESIC, no one other than Mr. Kali Ghose understood the issues and defended the labour right from the beginning till his end. He was the only member in the supreme body of the organisation, who spoke for the poor sincerely.

It is now left to the commoners to prevent this Labour-Code from being made law. It is the duty of the thinkers among them to stand up and expose the misdeeds of the rulers and stop the nation from being looted by the  ugly ultra-rich more and more, through the proposed Labour Code on Social Security! Let them speak up!!

Perform your role and avoid double-penalty !

A citation from Quoran is worth-quoting in the context:

There was a Mullah in a village. He was a very honest and pious man just doing his work in the mosque. The villagers had been indulging in various sinful activities, like theft, adulteration, cheating, adultery, etc., But, the Mullah who was aware of the entire on goings did not come forward to inform the villagers of their folly. He did not make any efforts to reform them. He thought that none would listen to him. He, however, guarded himself not to commit any such sinful activity.

Soon, there was flood. It washed away the entire village. It took away the Mullah too. All of them appeared before God. God punished everybody according to the nature of his or her crime. When Mullah presented himself last, he was imposed with double-penalty. Mullah pleaded that he had not committed any sin and that he had been doing only the work for God in the mosque. God did not agree. It was the duty of the Mullah to inform the villagers of their wrongs. The villagers were not aware of the extent and consequence of their sin. To some extent they were ignorant too. But the Mullah was an informed man. He was, therefore, duty-bound to inform the others. Whether the others would listen to him or not was a different issue. Mullah had to perform his duty of informing the  people but he had not done so. He had, in fact, not made any efforts in that direction. God said that the Mullah, therefore, deserved double penalty. “When a sin is committed before an individual or a group and they do not prevent it, in spite of having the capability, then Allah inflicts a severe punishment on them…” (Virtues of Tabligh — Chapter II – Sayings of the Prophet).

Thus, Islam shows that even a priest cannot go to heaven unless he discharges his inherent duty when on earth. Generally, no one would observe the religious formalities more punctually and more systematically than the priest. Yet, the doors to heaven do not open to those who observe only those formalities and do not perform their duties towards humanity.

The thinkers who know the ill-effects of the ill-intentioned Labour Code on Social Security & Welfare should come out of their slumber and discharge their duty to inform the people about the impending danger posed to the nation by the said Code. That is the only way they can avoid double-penalty later.

“I am only one; I cannot do everything. 

Still, I am one; I can do something. 

Because I cannot do everything, 

I will not desist from doing something that I can do”, 

-Helen Keller.


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Writ against the Labour Code on Social Security – Synopsis !

It is proposed to file a Writ Petition in the Hon’ble High Court of Madras against the Draft Bill on Labour Code on Social Security & Welfare.

There had been conspiracy by the ravenously-greedy vested interests to dismantle the established social security schemes of the nation and make money by privatising social security.

They do not listen to reason. They do not answer questions. They hide many facts. There is, therefore, no option for the common man to knock at the doors of Courts for justice. Action is under way.

The following is the Synopsis of the case.

Suggestions are welcome:


Respondent =-1 is the Secretary, Ministry of Labour and the Respondent-2 is the Director General of the ESI Corporation.




  1. It is submitted that the ESI Act is intended to provide ‘Public Assistance’ to the working population and thereby advancing the purpose of Art. 41 and 42 of the Constitution of India duly monitored by the International Labour Organisation as per their international parameters. The ESI Act provides, for the present, security-net to the working population in the factories and the industrial and commercial establishments in the organised sector and its long-term goal, as spelt out in Sec. 1 (5) of the Act, is to extend the security-net not only to all the factories but also to all kinds of establishments including those which are agricultural or otherwise.
  2. The quantum of benefits provided by the ESI Act, at present, in the event of Sickness, Employment Injuries of various kinds and Fatal Accidents ensure a decent and dignified lifestyle for the insured persons and their dependants. Yet, the ESI Act is not a compulsory provision as it does have provisions for exemption of various classes of factories, establishments and employees, if the employers provide to their employees, benefits which are ‘substantially similar’ or ‘superior’ to the ones provided under the ESI Act. But, the fact is that none of the employers in private sector could, so far, match the benefits provided under the ESI Act and claim exemption in a legitimate manner. Even the newspaper, The Hindu, had editorially conceded on 01.01.2005, that “The package (of benefits provided by the ESIC) can rarely be matched by private employers on their own because of the heavy costs involved – not to mention the disinclination among employers, with honorable exceptions, to operate health care systems for their workforce”.
  3. Art. 41 of the Constitution of India says that “The State shall, within the limits of its economic capacity and development, make effective provision for securing the right …. to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want”. The Constitution thus, gives direction to the State that in cases of Sickness, disablement and in other cases of undeserved want, the State is to provide “public assistance”. The ESI Corporation was established for fulfilling this Constitutional mandate. The State, the Government of India, cannot, therefore, make provisions for “private assistance” and absolve itself of its Constitutional responsibility. But, the Respondents are hell-bent on doing exactly the same.
  1. They have, in the guise of taking policy decision, brought out a Draft Labour Code on Social Security & Welfare, to arbitrarily reduce, very drastically, the benefits payable to the employees. And, in order not to make the working population know about their mala fide intention to deny or reduce the benefits already available to them, the Respondents have brought out the Draft Labour Code on Social Security & Welfare, by combining 15 enactments together, without explaining the objects and reasons and without making the people know about the provisions which are attempted to be dispensed with. The intention of the Respondents is to aid, on the sly, the private players enter the field of insurance in industry-related contingencies and make profit, by diluting the benefit provisions of the ESI Act which stood the test of time for over six decades.
  2. Moreover, the Respondents make the provisions of accountability of the private players very lose and nebulous. The entire social security scenario the nation is in jeopardy, because of the dubious manner in which the Respondents have been functioning to bring out this impugned code, as could be seen from their replies and non-response to various applications under the Right to Information Act, 2005.. People have been left wth no information pertaining to these essential aspects of the Code and have been left to wonder whether they would be benefitted or affected by the new Code.
  3. The Draft Code is not an all-inclusive document. There are so many areas deliberately left to remain grey to facilitate non-accountability of the private players. Defects of various kinds in the Bill show unseemly hurry on the part of the authorities to destabilise the present social security structure and bring in something unknown even to the Respondents themselves.
  4. It is, therefore, humbly prayed that the Hon’ble High Court may be pleased to issue a Writ of Certiorarified Mandamus or any other appropriate writ or order or direction in the nature of Writ of Certiorarified Mandamus calling for the records of the Respondents pertaining to the Draft Labour Code on Social Security & Welfare, circulated by the Respondent-1 in Circular No. Z-13025/13 / 12015 – LRC dated 16.03.2017 and quash the same and, consequently, issue direction to the Respondents to take further action to prepare and put in public domain a comprehensive Bill covering all aspects of the subject-matter on Social Security & Welfare, including the proposed Schemes, Rules (that would be framed by the Government) and the tentative Regulations (that would be framed by the National Council) with reference to the  Schemes for Social Security mentioned in   24 of the said draft Code and call for the comments of the Stakeholders / Public afresh and to grant interim injunction restraining the Respondents from taking further action to place the present Draft Labour Code on Social Security & Welfare, circulated by the Respondent-1 in Circular No. Z-13025/13 / 12015 – LRC dated 16.03.2017 before the Parliament pending disposal of the present Writ Petition and to pass further or other orders as may be deemed fit in the circumstances of the case.

Dated at Chennai this 25th October 2017.

Counsel for the Petitioner.


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21st World Congress 2017 Vs. Retrograde Labour Policies in India

In the context of a few unscrupulous bureaucrats of the Ministry of Labour venturing to bring out a Labour Code on Social Security & Welfare, in connivance and collaboration with power brokers, it is appropriate to examine the proceedings of the 21st World Congress 2017 that meets at present in Singapore from 3 to 6 September 2017.

It is all the more necessary because the Indian bureaucrats have gone to the extent of projecting their Code having been, in effect, approved by the ILO and the ISSA. This is a clear mischief for which they must be made accountable before the court of law.

Mr. Guy Rider, the Director General of the ILO has said that the failure of various nations to adequately invest in health of the workers, has affected the economy and the impact is equal to the total GDP of the poorest 130 countries in the world.

More from the website of the ILO:–en/index.htm 



World Congress EU


“The global economic impact of the failure to adequately invest in occupational safety and health is roughly equal to the total GDP of the poorest 130 countries in the world,” International Labour Organization (ILO) Director-General Guy Ryder told nearly 3,500 participants during the opening ceremony at the XXI World Congress on Safety and Health at Work , in Singapore on 3 September.

The new global estimates on work-related illnesses and injuries represent 3.94 per cent of global GDP per year, or 2.99 trillion US dollars. In human lives that means 2.78 million workers continue to die each year from work-related injuries and illnesses – 2.4 million of these deaths can be attributed to work-related diseases alone. The figures announced today were developed by Finland, Singapore, the EU and the International Commission on Occupational Health, with the support of ILO.

The new figures point to a growing body of evidence demonstrating the global cost of failing to adequately address existing and emerging occupational safety and health (OSH) concerns, and to the importance of OSH to sustainable development. “Clearly there is a recognition that certain OSH challenges are global challenges that require global solutions,” said Ryder.

Mr Ryder noted ILO’s readiness to engage in the development of a global coalition with key partners in meeting these challenges, as proposed by Finnish Minister of Labour Pirkko Mattila, in a forum on the future of work.

As a co-organizer of the 2017 World Congress on Safety and Health at Work, ILO is addressing key challenges for the future of work and the implications for the safety and health of workers. During the four-day Congress the ILO will participate in symposia and technical sessions on the need for reliable OSH data, improving occupational safety and health in global supply chains, creating mechanisms for the exchange of OSH data, knowledge and expertise globally, and fostering proactive occupational safety and health compliance strategies at national level. Engagement of youth around the world will be key to addressing these challenges.

How the future of work is forged will, of course, have the greatest impact on this and the next generation and they must have a voice in the process including on OSH,” said Ryder in addressing Congress participants.

Youth and OSH is a key theme at the XXI World Congress and central to ILO’s flagship Occupational Safety and Health-Global Action for Prevention Programme. “Forty million youth are entering the labour market this year and they are the best-educated generation the world has ever seen. We must take advantage of this demographic dividend and unleash the potential and creativity of these young people,” said the head of the ILO.

As part of ILO’s SafeYouth@Work project , some 125 Youth Champions from more than 29 countries are participating in a Youth Congress parallel to the World Congress. The SafeYouth@Work Congress  seeks to build a corps of Youth Champions on OSH to address the significant workplace safety and health challenges faced by young workers. The Youth Congress will conclude with the development of prototype models for targeted tripartite efforts at country and regional level, for improving working conditions for young people.  

The XXI World Congress, being held 2-6 September, is a tri-annual event jointly organized by the International Labour Organization (ILO) and the International Social Security Association (ISSA), and is hosted this year by the Singapore Ministry of Manpower.

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Labour Code on Social Security: Unlawful, unjust and improper !


For a powerpoint presentation on the Labour Code on Social Security click on the following link;


Labour Code for Flourishing ESIC

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Drafting Team was trying to finish off the EPFO. Was the CPFC aware?

The Ministry of Labour & Employment had reconstituted the “Group responsible for the Labour Code on Social Security & Welfare” two years ago, as per the Letter No. Z-13025/ 13/ 2015 L.R Cell dated 12.03.2015 of the MOL&E.

This group, called as the Drafting Team, had been working for the past two years and has brought out the present ‘draft Labour Code’ which was put in public domain on 16.03.2017 by the MOL&E.

The CPFC had also deputed an RPFC to be part of the Drafting Team “on full time basis for completing the exercise”.

Was the CPFC aware of the what work was being done by the Drafting Team during the period of two years? Was he ever briefed by  his RPFO about the direction in which the Drafting Team was going about its work,  to finish off the EPFO ?

An application under the RTI Act:

(Click on the image and download the document)



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The Drafting Committee of the Constitution Vs. The Drafting Team of the Labour Code !

Lord Yamadharma Raja was taking rounds of the universe. Suddenly,  the Lord stumbled upon the letter  dated  12.05.2017 of the Ministry of Labour & Employment which explained the modus operandi adopted by the Drafting Team of the Labour Code put out in public domain on 16.03.2017. He was shocked. He immediately ordered Chitragupta to convene an Emergency Session of His House for discussing the issues involved.

The anxious Lord, in a state of shock, rushes for the Emergency Session !

The House is already full, when the Lord arrived there. All the invited participants, brought in both from the otherworld and netherworld, remain assembled there carrying a copy of  the MOL&E letter dated 1205.2017 in their hands.

On His being seated, the Lord searches for B.R.Ambedkar and looks at him. Ambedkar rises up and explains his understanding of the letter dated 12.05.2017 of the MOL&E.

Ambedkar:  My Lord! I understand the unease of the Lord. I was also shocked on seeing this letter dated 12.05.2017 of the MOL&E and the liberty, allegedly, given to the Drafting Team of the Labour Code.  I had been the Chairman of the Drafting Committee of the Indian Constitution itself. I know for sure that I had never had this kind of liberty to write the Constitution in the manner in which I wanted. The Drafting Committee went about its way on the basis of the Objectives Resolution moved by Jawaharlal Nehru on 13.12.1946 and adopted unanimously by the Consembly on22.01.1947 (Note **1). There must be some guidelines and specific parameters to be given to every Drafting Committee by the legislature. The Drafting Committee must work within that frame work.

But, the letter of the MOL&E shows that the Drafting Team of the Labour Code had not been given any such legislative guidelines. This Drafting Team had prepared the draft Labour Code without even understanding the fact that it is snatching away the already existing benefits to the working population. What is even more shocking is that the Ministry has come to town with this incomplete draft and are asking the people to explain their stand on it, without telling the people why and where they have made changes, additions, deletions and insertions.

If the team had done its work for bona fide reasons, it would have given appropriate explanatory Notes with reference to each and every section in the draft Labour Code, as foot note on every page, to invite the attention of the readers to understand the modifications done. These are rudimentary principles of legislative drafting. But, the Drafting Team of the Labour Code has not done so. I feel that the manner in which the MOL&E is repeatedly attempting at justifying this slipshod  work, shows that the Drafting Team is not at fault. But, there is an invisible force which is driving the Drafting Team to write the draft Labour Code, the way it has been done. Because, left to them, the officers would not venture into such misadventures. They would go by procedures laid down. For, they know they are accountable, otherwise.

Jawaharlal Nehru: Yes, My Lord ! Ambedkar is right. These are rudimentary principles of law making. The Chairman of the 17th Law Commission of India, Mr. Justice. M. Jagannatha Rao, has written a paper on Legislative Drafting. He says, “The draftsman is not the author of the legislative policy, he merely tries to transform the legislative policy into words. The legislative policy is made by the political executive which belongs to the political party which is ruling the legislature or by the monarch who reigns over the country. The draftsman must, therefore, digest the legislative policy fully before he produces the instrument of legislation which can achieve the legislative purpose”. The issue here, with the Labour Code, is why the Drafting Team does not make the concerned ‘legislative policy’ public.

Vallabhbhai Patel: My Lord ! The draft Labour Code is aimed at reducing the benefits already provided to the working population. The party in power, therefore, does not want the people to know the truth. That is why the draft Labour Code has been prepared without explanatory notes. Now, they would propagate and claim that they are ensuring transparency by putting their draft on the website and inviting objections and suggestions. But, they have hidden their intention from being easily known to the public, by not providing explanatory notes for the omissions and commissions. The people behind this draft Labour Code are clever and enjoy their cleverness, tact and tricks. But, they do not have empathy towards the working population. That is definite, as could be seen from the contents of the draft.

Lord: But, the MOL&E refers to the Report of the Second National Commission on Labour and tries to claim that the draft Labour Code is “in line with the recommendations of” that Report. Can’t you treat that Report of the Second National Commission on Labour as the ‘legislative policy’ ?

Patel: We cannot, My Lord! Nowhere in the report of the Second National Commission has it been recommended to reduce the Dependants Benefit from the present 90 % to 50%. Nowhere has it been recommended to stop giving benefits to the employees who sustain Employment injury when they work to meet certain contingencies, as mentioned in Sec. 51-B to Sec. 51-E of the ESI Act, 1948. Nowhere has it been recommended to include an omnibus exemption clause as Sec. 1.8 to enable every employer to get exemption from the entire Labour Code itself. There are many such dangerous provisions in the draft Labour Code. I am certain that these have been inserted only with diabolical intentions to make the ultra-rich people to make money by exploiting the downtrodden segments of the society. The intention behind this Labour Code is mala fide.

Lord: But, the reply of the MOL&E dated 12.05.2017 shows that the “Code is striving for a new concept of ‘Universalising the social security benefits”.  How can you say that the intention is mala fide?

Patel: My Lord ! Universalisation of social security benefits was the aim and purpose of the ESI Act, It was specified thus in Sec. 1 (4) of the Act in 1948 itself. But, the progress has to be gradual and the scope for malingering must be negligible. But, without concentrating on running the ESI Scheme corruption-free, the rulers permitted thousands of crores of rupees from the accumulated funds looted, in the name of setting up medical institutions. Construction wing was one are in which rampant corruption was there in the ESIC. Even the CAG had pointed it out in his report No. 40 of 2015. But, the fact was that the  CAG has also been cheated that he could not assess the real extent of corrupt activities. What is more? The Ministry of Labour, instead of filing proper counter in the court of law, wants to extricate itself by claiming that implicating the MOL&E and the Cabinet Secretary in the Writ is a case of misjoinder. These incidents would show that the rulers do not have any real concern about the loot of the public money. Their only concern how to help the ultra-rich to make money in the name of insurance by winding up social security measures.

CAG Audit Report

Lord: Yes, the CAG report shows the extent to which the authorities had gone to spirit away the public money. But, how do you say that the rulers want the entry of private players in the field of social security?

Patel: Yes, My Lord! The word PPP used in the presentations on 02.05.2017 and the manner in which Sec. 88.2, Sec. 89.1. Sec. 90 – 93 have been worded, show not only the desire of the rulers to bring in private players but also the willingness of the rules to provide safe escape route to the defaulting private players, if and when they are caught for their misdemeanour. This is a clear case of rulers aligning with the ultra-rich to exploit the poor. The intention behind such loosely worded clauses can never be for bona fide reasons. Moreover, although it is said that 15 laws are amalgamated, the 16th law, the Pension Fund Regulatory and Development Authority Act has also been brought in. It is only for the purpose of allowing private players to play with social security.

Nehru: My Lord ! The intention is to bring in private players into social security. This is in violation of Art. 41 also. But, the rulers do not care. The pressure from the ultra-rich lobby is not able to be resisted by these rulers. That lobby is not able to provide matching benefits, as given by the ESIC. So, they want to weaken the ESIC and make it vanish. The present day rulers are bending backwards to oblige these private sharks. Instead of working for the welfare of the masses, the present rulers want to make the ultra-rich even richer.

1% own 53%

Adharkar: My Lord ! The private players invoke ‘Exclusion Clause’, for Pre-existing diseases. But, the ESIC does not have any such prohibitory clauses. So, the private players and the brokers engaged by them work overtime to wind up the public institutions that provide social security. The result is the present draft Labour Code.

Patel: Yes, My Lord ! The nation knows how the rulers worked against the public institution, the MTNL and the BSNL, to facilitate the private players to succeed in exploiting the nation. The draft Labour Code is also intended to help the private players to make money through the social security path and that will land the nation only in a mess. It will affect the entire nation. This Labour Code is actually going to convert the labour into slave labour. Already, the rulers have made that attempt through the Bill for safety and health of workers. It has enabled the employer to crush the workers to work longer time in the name of overtime. This Labour Code will make the people of the nation suffer to a great extent.

Lord: But, I find from the letter dated 12.05.2017 of the MOL&E that it is only “a preliminary draft for discussion and, therefore, all suggestions are welcome for improving the draft”.

Ambedkar: My Lord ! That is an attempt at cheating the public. Let them publish the legislative policy on which the Drafting Team worked to prepare this draft. Let them publish the draft Labour Code with proper explanatory notes for each and every section where omissions and commissions have been made with reference to the existing statutes. Unless and until they do so, the claim of the MOL&E that they are welcoming suggestions is nothing but a technique to hoodwink the public. The public should not and cannot be expected to find out where this Drafting Team has hidden what, especially when the Drafting Team has hidden so many things at so many places in the draft Labour Code.  The very absence of the legislative policy and the explanatory notes in the said Code is an indicator of the mala fide intention of the people who made the Drafting Team to prepare the draft thus.

(Ambedkar takes a long breath and then continues)

My Lord ! The Drafting Team is only a hack. But, it has allowed itself to be a hack unwillingly due to undue influence. I recall that I had, on 04.11. 1948 said in the Parliament of India, “I hope the Drafting Committee will be found to have faithfully carried out the directions given to it” (Note **2) . Saadullah, another member of the Drafting Committee said, “We were merely to dress up the Objectives Resolution. How can 7 members thrust their opinions on 308?” (Note **3). 

(Ambedkar takes another long breath again and continues)

And I remember the discussion in the Parliament on 02.09.1953, when I advocated the carving out of Andhra Pradesh and condemned the manner in which Potti Sriramulu was driven to death for that. At that time, I said, “My answer is that I was a hack. What I was asked to do, I did against my will” (Note **4).

Again on 19.03.1955, I said, “I and the Drafting Committee take no responsibility for that. It is not our draft” (Note **5). But, My Lord, the Drafting Team of the Labour Code, according to the MOL&E, has done everything on its own, without ny legislative policy even.

 Lord:  Oh ! What a power to the Drafting Team of the Labour Code !! You say you did not enjoy any such power while drafting the Constitution itself !! Can we say that the Indian democracy has progressed to such an extent that it devolves unlimited powers to Drafting Teams?

Adharkar: My Lord ! It shows their progress in enacting regressive laws. The mala fide intention is explicit, My Lord! The extent of liability of contribution has been shifted from subordinate legislation [ESI (Central) Rules, 1950] to the primary legislation, the Labour Code itself. But, the benefit provisions assured in the primary legislation (Sec. 51-B to 51-E of the ESI Act, 1948) have been made to vanish. The MOL&E cannot defend itself saying that they would provide for more, through their proposed subordinate legislations like Schemes, Rules, Regulations and Licences,  than what is available now to the working population.

Patel: What is even more shocking is the manner in which both the provisions of the Employees’ Compensation Act, 1923 and Employees’ State Insurance Act, 1948 have been allowed to remain in a single statute. That certainly is a regressive method of enacting law for the welfare of the working class. The employees will be allowed to choose between either. That will not be in the interest of workforce.

(A hand is rising in the crowd. The Lord looks in that direction. It was Golwalkar who raised his hand. The Lord nods at him.). 

Golwalker: My Lord ! The information conveyed through the letter of the MOL&E letters dated 24.04.2017 and 12.05.2017 is not true. The Drafting Team must have had a specific and concrete legislative policy. But, that is a secret document. The officers, otherwise, would not have ventured (i)  to reduce the established benefits, (2) to bring in private players in the name of Intermediate Agencies, (3) to drop the word ‘substantially’ in the sly, (4) to insert provisions for subsidy to employers, (5) to provide for escape route to fraudulent private players through weak punishing mechanism, etc., Five officials drafted for the work on 12.03.2015 cannot be said to have invented a totally new system.

Hedgewar: Yes, My Lord! There must have been specific direction given to the Drafting Team regarding the direction in which it should move. Most probably, the direction was to combine all the 15 welfare legislations and make a mess of it in such a way the people do not understand  how private players are going to be benefitted at the cost of the workers. That must alone have been the direction given to the team.

Ambedkar; Yes, it must have been only like that. But, that was not the legislative policy, My Lord! There is no such document physically available.

 Patel: My Lord! The  present set of rulers are more interested in social re-engineering than in the welfare of workforce. That is why they meddle with Labour Laws to make them nothing. That is why they pretend that they do not have any legislative policy.  This Labour Code, is projected by the MOL&E as the brainchild of five officers in the Drafting Team. No team of officers would venture thus. Moreover, this Labour Code is nothing but a recipe for disaster. It will not bring in Social Security but only social unrest. Earlier, in April, 2016, without any objective outlook, these rulers brought in a legislation to amend the EPF provisions. That resulted in the masses rising up in a leaderless protest. The rulers beat a hasty retreat, immediately. Now, they want to reduce the benefits even more. They are not responsive or accommodative or sympathetic to the working population. They are driven by the ultra-rich businessmen  and are ready to placate them by going to any extent.



For more:

A leaderless protest - The Hindu


Adarkar: My Lord, please save India from the proposed Labour Code !



Note **1: The Constituent Assembly met for the first time on 09.12.1946. All the members were present. On 13.12.1946, Jawaharlal Nehru moved the Objectives Resolution in the First Session that ended on 23.12.1946. The Objectives Resolution was unanimously adopted by the Consembly on 22.01.1947 in the Second Session that started on 20.01.1947. The progress got affected because of the partition plan in June 1947. But, the Objectives Resolution remained as it was. And it was on On 29.08.1947, the Constituent Assembly set up a Drafting Committee under the Chairmanship of  B.R. Ambedkar to prepare a Draft Constitution for India. The Drafting Committee went about its mission on the basis of the said Objectives Resolution and the discussions and resolutions in the Constituent Assembly during the period between 09.12.1946 and the discussions in the four, technically five) sessions of the Consembly that preceded the setting up the Drafting Committee. This Objectives Resolution defined the   parameters within which the Constitution that was to be drafted should be prepared.

Note **2, Note **3, Note **4 & Note **5: Page 33 – Introduction to the Constitution of India – Brij Kishore Sharma.

Image of Lord Yamadharma Raja : Courtesy, web.

RTI Reply from Ministry copy



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Slave Labour Code: Unlimited rights to the Drafting Team !

Another reply from the Ministry of Labour is available. The reply received from the Ministry in their letter No. M. 13014 / 01/ 2017 – LRC dated 12.05.2017 is in reply to the application dated 19.04.2017 sent under the RTI Act which is available in the following link:

RTI reply MOLE 12 05 2017 copy

If the contents of this letter are true, it would imply that the entire draft Labour Code is the handy work of some bureaucrats who had taken unlimited liberty with the time-tested labour laws and have made a mincemeat of them through the draft Labour Code.

What is more, they do not know what their ultimate aim is but have attempted to write something as Labour Code and create unnecessary social unrest in the nation.

The earlier reply is available in the following link:





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Letter to the International Labour Organisation !

The ILO had, in its ‘World Social Security Report’ released on 16.11.2010 said that there were many “informal labour practices” in India and that the people of India are exposed to “very high vulnerability” to poverty.

The Secretary, Ministry of Labour & Employment, Government of India, New Delhi has, during the “Consultation Workshop”held on 02.05.2017, said that the draft Labour Code put in public domain on 16.03.2017, was “the outcome of prolonged discussions with the ILO and ISSA experts”.

When the name of the ILO is used thus, by the Secretary of the MOL & E  to justify a controversial Labour Code, people do have the right to know whether the ILO is really aware of the contents and the substance of the Labour Code.

Hence the following letter to the ILO:

Representation to ILO




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Slave Labour Code: Representation to the MOL&E on 16.05.2017 !

Representation MOLE May 2017 copy


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Sinister report of the Second National Commission on Labour: Exposed by the Dissent Note !

“The truth is that the State is a conspiracy designed …… to exploit, ……. its citizens”

– Leo Tolstoy



What Tolstoy said becomes totally true when we see the conspiratorial manner in which the Labour Code is being brought about. The intended Labour Code is, really, going to be a tool of oppression. It is intended to convert the entire labour force into slave labour. The Ministry of Labour & Employment is indulging in false propaganda through its powerpoint presentation on this issue. The Ministry is hiding many a truth behind the Code. When the Ministry wants to undo the ESI and EPF facilities, it is projecting the noble features of these schemes, as if they are going to be introduced only through the Labour Code. The Ministry which does not come forward to make public the legislative policy behind the Labour Code does not hesitate to cheat the people through the Power Point Presentations which contain a lot of half-truths and misleading statements.

The officials who are held hostages by the power-brokers, are doing their biddings to undo the welfare schemes. But, they hoodwink the people to believe in the contents of Labour Code which is,actually,  intended to benefit the middlemen at the cost of the working population.

The rulers proclaim from the roof-tops that they are  bringing out this Labour Code as per the recommendations of the Second Labour Commission. But, the fact is that the motive of that Commission was sinister.

That fact is established from the very Dissent Note submitted very honestly by the Member Mr. C.K. Saji Narayanan on 21.05.2002.

A few quotes are given below. The complete text of the Dissent Note can be had by clicking on the following link:

Saji dissent









Mr. Saji Narayanan has done his work honestly, fearlessly, with conscience and without fear. He has rendered his service to humanity right.

It is the duty of every conscientious citizen of the nation to expose the ulterior motive behind the proposed Labour Code and enlighten the masses and help them get their rightful benefits as workforce restored.

People do have the right to demand from those who defend the Labour Code to give point by point reply to the observations of Mr. Saji Narayanan.

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